I went with a Malmesbury based lawyer for my conveyancing in Malmesbury today. Upon checking the terms of engagement it is apparent thatI am on the hook for fees even if the sale doesn't happen. Would I be best advised to use an internet lawyer offering no move no charge conveyancing in Malmesbury?
It is usually ‘give and take’ in that if "No Completion No Fee" is available then the fee levels will generally be uplifted to offset those cases that do not proceed. Dont forget that these schemes tend not to protect you from expenditure such your Malmesbury conveyancing search costs.
Finally the sale completed on my house in Malmesbury last February yet the purchaser is texting every few hours to say their conveyancer is waiting to hear from myconveyancer. What are the post completion sale formalities following completion?
Following your house sale your solicitor is duty bound to send the transfer deeds and all of the paperwork to the purchaser's conveyancer. Depending on the transaction, your solicitor must also evidence that the home loan has been repaid to the purchasers conveyancers. There is unlikely to be post completion steps peculiar conveyancing in Malmesbury.
What happens if my lawyer’s firm is suspended from the TSB Solicitor panel ahead of completing my conveyancing in Malmesbury?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Should my lawyer be raising questions concerning flooding as part of the conveyancing in Malmesbury.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Malmesbury. There are those who purchase a house in Malmesbury, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a various searches that can be carried out by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Malmesbury. The standard property information forms given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the owner to determine if the property has historically flooded. If flooding has previously occurred and is not disclosed by the owner, then a buyer could commence a claim for damages as a result of such an inaccurate answer. The purchaser’s lawyers may also carry out an enviro report. This will indicate whether there is a recorded flood risk. If so, further inquiries should be conducted.
I decided to have a survey completed on a house in Malmesbury in advance of appointing lawyers. I have been advised that there is a flying freehold element to the property. The surveyor advised that some lenders tend not give a mortgage on such a home.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Birmingham Midshires. If you contact us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Malmesbury. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Malmesbury to see if the conveyancing will be more expensive.
Is it simple use your search tool to choose a conveyancing solicitor in Malmesbury on the approved list for my bank?
Step one is to pick a mortgage company such as Nationwide Building Society, Skipton Building Society or Clydesdale then type in your preferred area e.g. Malmesbury. Conveyancing firms in Malmesbury and across England and Wales will then be identified.